Federal judge approves legal agreement as Oklahoma City Public Schools faces lawsuit for firing teacher over military deployment

When members of the military step up to serve their country, they shouldn’t have to worry about losing their civilian jobs.

Unfortunately, that’s exactly what happened to Air Force Reserve Staff Sergeant Michael J. McCullough, a former teacher at Fillmore Elementary School in Oklahoma City.

The Justice Department recently announced that a federal judge approved an agreement to resolve allegations that Oklahoma City Public Schools (OKCPS) violated McCullough’s rights under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

Military Service Leads to Job Loss

According to the lawsuit, McCullough was under contract as a music teacher for the 2021-2022 school year and had even been encouraged by his principal to return for the following year.

However, things took a turn when he was called to active military duty in February 2022.

When he informed his principal about his deployment, she allegedly suggested that resigning would be the easiest option.

Just weeks later, while McCullough was away on duty, OKCPS informed him that his contract would not be renewed for the upcoming school year.

Despite his repeated attempts to return to his teaching position after completing his service, the school district refused to reinstate him, even though there were open positions available.

Justice Department Steps In

Federal law protects service members from employment discrimination, ensuring they can return to their civilian jobs after deployment.

Deputy Assistant Attorney General Kathleen Wolfe of the Justice Department’s Civil Rights Division emphasized the importance of these protections, stating:

“When servicemembers answer their nation’s call—leaving home and work to serve and protect us—federal law protects them against employment discrimination and unjust termination.”

U.S. Attorney Robert J. Troester for the Western District of Oklahoma echoed that sentiment, noting that service members shouldn’t have to worry about financial instability or job loss while they’re away serving their country.

OKCPS Agrees to Pay Damages and Update Policies

To resolve the case, OKCPS agreed to compensate McCullough for the harm he suffered and implement new policies to prevent similar violations in the future.

The district will also update its training practices to ensure compliance with USERRA, which prohibits discrimination against service members and guarantees their right to return to civilian jobs after military service.

The case was initially investigated by the Department of Labor’s Veterans’ Employment and Training Service before being referred to the Justice Department.

Senior Trial Attorneys Robert Galbreath and Kathleen Lawrence, along with Assistant U.S. Attorney Emily Fagan, are handling the case.

Know Your Rights

For military personnel facing employment discrimination, resources are available through the Justice Department and the Department of Labor.

More information about USERRA and how it protects service members can be found at justice.gov and dol.gov.

This case serves as a reminder that no service member should have to choose between their military duty and their civilian career.

Thanks to legal protections and enforcement by the Justice Department, those who serve their country can expect the rights they’ve earned to be upheld.

This article was published on TDPel Media. Thanks for reading!

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